IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23804 of 2008(H)
1. K.K.BALAKRISHNAN, S/O.RAMAR (LATE)
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE BRANCH MANAGER, SYNDICATE BANK
3. P.SIDHARTHAN,S/O VASU, KUTTIYIL HOUSE
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/01/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No. 23804 of 2008 -H
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Dated this the 8th day of January, 2010.
J U D G M E N T
Revenue Recovery proceedings initiated at the instance of the
respondent bank vide Ext.P1 are challenged by the petitioner,
stating that no amount is due from him, by virtue of the satisfaction
of the liability shown in Ext.P2.
2. The learned counsel appearing for the respondent bank,
with reference to the statement filed, submits that the ‘loan account
number’ mentioned in Ext.P1 and the one mentioned in Ext.P2 are
entirely different. It is stated that the transaction forming the basis
of Ext.P1 is in respect of the loan extended to one Mr.Venugopal for
which, the petitioner had stood as a ‘surety’ which liability is over
and is different from the loan transaction forming the subject matter
of Ext.P2. Obviously Ext.P1 is not pertaining to the transaction
covered by Ext.P2 and as such, the pleadings in the writ petition are
throughly wrong and misconceived.
3. In the above facts and circumstances the learned counsel
for the petitioner sought for permission to withdraw the writ
W.P(C) No. 23804 of 2008 -H 2
petition. Permission is granted. The writ petition is dismissed as
withdrawn.
The issue with regard to the loan extended to the person by
name Mr.Venugopal as mentioned in the statement filed by the
respondent bank, for which the petitioner had stood as a ‘surety’, is
left open.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A TO JUDGE
ab